The Reareach On Hearing System In The Administration Of Universities' Students

Along with the boosting up of our universities'right consciousness, the cases of students v. their mother universities are increasing year after year, so the rule of law in the administration of universities has attached more and more attention and bring about fierce echo in our society. The verdicts of some pertinent typical cases show that: there indeed exists the problem of loss of procedure in the administration of universities'students. So it is indispensable to import the hearing system which is the most important part of the due process, into the administration of universities'students, to advance the process of rule of law in the administration of our universities.Recently, the theories of characters and the orientations of the universities are promiscuous, which is the reason of lack of explicit relief. Our universities are not only self-existent in civil law, but as authorizable administrative principle parts, they also have some certain public law powers. There are some complex relationships between our universities and students; these can be divided into three species: administration, civilization and the special within relationship. The university's behaviors mean recruiting students, administration of students'status, sanction and granting certification etc, the student's mean all the important interests that are in danger. Those dissensions are all classified to the administrative action, at that time, the university must be ruled by the administrative law. This applies the theoretical basis to the application of hearing system in the administration of universities'students.The hearing system is attached more and more attention as a procedural system of protecting party's right and standardizing the administration of government and office. Some universities have led the hearing system into the procedure of administration of universities'students by learning from foreign countries and already gained some experience, however, the following problems still remain: relevant educational rules and regulations are weak; the conflict exists between the rules of the school and the law; the hearing system is absent or imperfect in the procedure of administration of universities'students. The main reasons are: the stagnation of the legal construction of education in China; the existence of the idea of ruling by man in the mind of the administrator of the university; the influence of the traditional idea of"stress the entity while underestimate the procedure"in the legal system in China. Therefore, the hearing system of the administration of universities'students has great significance both in theoretical and realistic fields.In order to perfect the hearing system of the administration of universities'students, we must prefect the concrete content of it. And we must attach importance to the informal hearing system procedure, the principle part and the effectiveness of the hearing system notes. And we must also perfect the legal relieve procedure after the hearing system, trying the best to guarantee the rationality and impartiality of the administration.